a/n1: Here we go again! :) Betalove to viv-heart. I will try to post a cookie on my tumblr for every future chapter so if you are interested: follow me at evolutionsbedingt! Enjoy :)
(Now with a/n and linebreaks, sorry ffn ate them somehow)
"We will continue now," Professor McGonagall banged the gavel and everyone fell silent. "We will question the witnesses for prosecution starting with Mister Rabastan Lestrange."
A hidden door on the left of the courtroom opened and a cage was levitated in. Inside the younger Lestrange brother stood with a scowl marring his features. Hermione felt Draco stiffen beside her but she didn't take her eyes of the criminal.
Normally she would condone the measures taken, but she had to admit that Rabastan was more likely to attack her or Draco than most of the other witnesses.
"Mr Lestrange," Kingsley spoke up when the Aurors had returned to where they came from. "In your first testimony you told us that Mr Draco Malfoy participated in thirty-six cases of rape, torture and murder. During your Veritaserum testimony you said he participated on fourteen occasions. Please tell us which occasions that would be, including date and place."
Hermione exhaled. She had cross and double checked that nobody could attest to more than four meetings in which Draco had played an active role. And that was if you counted him not identifying the boys and her at Malfoy Manor. It was true that he had attended fourteen meetings, but well, attending wasn't the same as participating.
Meanwhile Rabastan had told the Wizengamot about all the occasions Draco had attended. But he didn't look as convinced as he had before.
"If you could elaborate what Mr Malfoy did in each of those meetings, Mr Lestrange?" Kingsley asked with a broad smile and Hermione breathed a sigh of relief. Maybe he hadn't argued strongly enough against the executions, but at least he treated Draco fairly now.
Rabastan spluttered and after a few failed attempts to come up wit a story he was brought back out. The charge of lying to the court was added to his rather long list of crimes.
The next person who was called up was Lucius. He was questioned about Draco's participation as well and told them the truth easily. As far as Hermione could tell he didn't try to mask the truth and soon they were done.
When Lucius stepped back Mr Ollivander staggered to his feet. Lucius offered him his arm but the elder pushed him away. Hermione smiled. She was suitably sure that Lucius hadn't only done that to help his elder. The continuous clicking of the photographers had sped up at the scene.
"Mr Ollivander, you were much longer at the Malfoy Manor than any other prisoner. Can you name any specific incident where Mr Malfoy lay hand on you?" a female Wizengamot member asked and Hermione recognised her immediately. It was Mafalda Hopkirk. She probably should write an apology letter to the woman for knocking her out and stealing her clothes.
"No, Madam Hopkirk, but he didn't help me either," Mr Ollivander said in a cold voice. Many in the Wizengamot raised their eyebrows at his open hostility but Hermione understood him. They really should have helped the old man at least a little.
The wand-maker was allowed to sit back down and an Auror Hermione recognised as Mike Proudfoot was called up.
"Auror Proudfoot, can you tell us why you checked Mr Malfoy for a Dark Mark?" Cassius Parkinson asked.
"I had order to check every known Death Eater for a Mark and his wand for Unforgivables. Everyone knows the Malfoys were in deep," the Auror answered with a self-assured smile. Hermione pondered that he was rather dashing looking in his Auror robes. But he hadn't bothered to remember that the Malfoys hadn't fought during the battle.
"But weren't you informed about those you had defected? That they weren't to be checked?" Kingsley asked in his most amicable voice.
The Auror started to sweat. If he admitted to having known he would get into trouble for targeting defectors. But if he told the Wizengamot he hadn't known they would know he lied. Every Auror had been given a list of the defectors along with the execution warrant. Hermione smiled smugly. Mike Proudfoot wouldn't be an Auror much longer either way .
"I- I admit," Proudfoot started and swallowed before starting again. "I admit that I targeted the Malfoys although I knew they were defectors. But Draco Malfoy's name wasn't on the list. Only his parents were."
Hermione froze. Draco's name hadn't been on the list? She had to restrain herself from looking at Harry and Ron. She had been too busy but they should have reported the defection! Returning her attention to the Wizengamot she had to admit that saying the truth was probably the better solution for Proudfoot. But she nearly felt the roar of the crowd of journalists behind the silencing charm. The members of the Wizengamot whispered with each other and Professor McGonagall had to bang her gavel quite a few times before everyone fell silent again.
"Mr Weasley junior please note that there will be a follow-up trial for Mike Proudfoot. Mr Proudfoot you're suspended from duty until the date of the trial where we will decide your fate," Mr Shafiq declared standing up from his place.
While everyone settled down again Professor McGonagall called up Kingsley who stood up and walked to the witness box.
"Minister, you were the one organising the execution. Did nobody tell you that Mr Malfoy defected before the battle really started?" Mr Flint asked leaning forward on his seat.
"No, I only learned of his defection after he was brought to the Ministry and questioned," Kingsley admitted and a few people on the Wizengamot actually gasped.
"So Miss Granger calling a life debt would have been unnecessary if she had told you that Mr Malfoy defected?" Mr Parkinson asked curiously.
Kingsley nodded. "Yes, it would have been. But since she didn't know about the list at that time it must have seemed like the only possibility."
Hermione was seething in her seat beside Draco. So that was the reason why she hadn't gotten her hands on the list. It probably wasn't really top-secret but someone had noticed that they had messed up and tried to hide it.
"And if Mr Malfoy's name had been on that list," Parkinson continued with glittering eyes, "he wouldn't have been tried for three of the six points on the indictment?"
The whispers started up again and Kingsley waited to let them subside. "Yes, that is true."
"No more questions, Chief Sorceress," Parkinson said, a satisfied smile on his lips.
"That can't be true," Draco muttered next to Hermione and they exchanged a flabbergasted look.
"Now we will hear Mr Weasley again, as a witness for the prosecution this time," McGonagall announced with a sharp look at the Wizengamot which silenced everyone.
At first nobody spoke up, but finally Kingsley himself asked a very important question. "Mr Weasley, I am sure you expected to be questioned on your poisoning from the mead that was intended for Albus Dumbledore. But I would like to ask something else. Why didn't you report the defection of Mr Malfoy to me or Mr Shafiq?"
Ron turned red and Hermione prayed that he wouldn't incriminate himself with his answer. "I'm sure everyone here knows that I lost my brother only a few hours earlier that night. I admit that I wasn't thinking entirely straight. I probably thought Hermione told you, because she is the one who normally thinks of these things. But she was busy with helping to heal the wounded. Harry couldn't make a step without being herded by people so he had no chance to say a thing. And it honestly just slipped my mind," he admitted quietly and turned to Draco. "I'm sorry, Malfoy."
Hermione beamed up at her best friend and Malfoy nodded, a tiny smile tugging at the corner of his lips.
Ron was allowed to sit back down. The next person swearing to tell the truth in front of the court was Madam Rosmerta. Draco turned pale and his expression became pained.
"We all know that Mr Malfoy used the Imperius Curse on you, but did you have any indication, that he didn't do so in his own will?" Arthur Weasley asked gently and Hermione watched the matron of the Three Broomsticks closely.
Madam Rosmerta smiled sadly. "It was clear that he didn't want to do it at all and he definitely didn't enjoy it," she said quietly.
"This might be a rather strange question," the bald, young man, who had asked the question about the sleeping situation for Luna, said. "But do you forgive Mr Malfoy?"
"Do I forgive him for keeping me under the Imperius, Mr Fawley? Yes, I do. He was a frightened child and didn't mean any true harm to me. Do I forgive him for making me try to kill the Headmaster? No, I don't. Albus was a dear friend of mine and I'm sad to hear that others got hurt in these misguided attempts," Madam Rosmerta stood straight and spoke clearly at this.
"Thank you, Madam," Mr Fawley said.
Madam Rosmerta sat back down and Katie Bell was called up and asked whether she had had any contact with Draco at all prior to being given the necklace. She denied it and was allowed to sit back down.
"Now, we have heard all witnesses whose testimonies influenced the indictment," McGonagall announced. "But there is one last witness of a kind. Mr Malfoy has stayed with his aunt for the last week and her report about his behaviour shall influence our decision as well."
Andromeda stood up and stepped forward into the witness box. "Draco Malfoy has presented himself as a kind and intelligent young man in the last week. At least to the son of Remus and Nymphadora Lupin, my grandson he has been a wonderful great-cousin. In discussions about muggle life and literature he showed interest and much more open-mindedness than I expected. I would like to take him to my muggle family-in-law this weekend, if the Wizengamot decides against sending him to Azkaban, which I would strongly recommend. Draco Malfoy deserves a second chance."
Hermione could nearly feel the agitation of the reporters once again and the Wizengamot broke out in startled gasps and whispers.
Professor McGonagall banged her gavel again and everyone fell silent. "The Wizengamot will now retire for deliberation. We will continue in an hour."
Everyone stood up and Hermione watched them leave through the door at the back of the chamber.
Cassius Parkinson scanned the room. As per usual the more conservative part of the Wizengamot had settled on the right side of the door and the more liberal part on the left side. But he noted with interest that Anton Flint, normally rather conservative, had settled quite close to the middle next to Mr Greengrass and Professor Slughorn.
Taking his cue from his partners in politics he settled down opposite them. They nodded to each other and waited for everyone to file in.
"Now, I think we all agree that Azkaban is out of question," Mr Fawley, one of the few truly neutral people, stated. Cassius frowned. He hadn't expected him to say that after his line of questioning in the courtroom.
"I think he should walk free. He should get a completely new start," Harris Macmillan said. But as soon as the words had left his mouth multiple voices told him that he was insane.
"If we let him walk free the public will skin him alive," Cassius said when most of the members had calmed down. Many nodded.
"Maybe a probation?" Anton Flint suggested.
"But for how long and forbidding him to do what?" William Abbot asked stroking his rather impressive beard.
"Maybe like the Nott boy? Two years and the trace on his wand for dark magic?" Mr Weasley suggested. Cassius was surprised that he didn't rally against the young Malfoy. There was a long history of rivalry between the two families after all.
"But Nott didn't try to kill Dumbledore and didn't injure two other people!" Madam Longbottom exclaimed.
"Well, it's not like he wanted to do it, is it?" Flint asked sarcastically.
"And nearly every student had to hurt others at Hogwarts in the last year," Professor Slughorn said quietly and Professor McGonagall nodded. "The Gryffindors and Ravenclaws and Hufflepuffs hid, but they didn't hide any Slytherin students. Wouldn't have even if one of them asked."
The room grew quiet. They knew it was the truth. Even now they tended to organise themselves according to House loyalty and the former Gryffindor students seldom sided with the Slytherins.
"How many for letting the Death Eater related charges fall?" McGonagall asked into the silence.
Nearly everyone raised his hand, save for Mr Ollivander and Madam Longbottom. Well, he had personal reasons and Augusta hated Narcissa because of Bellatrix. Never mind that Mrs Malfoy was much more like Andromeda Tonks.
"Wonderful," McGonagall remarked drily. "Now, how many for a probation and the trace for four years to accommodate his crimes in relation to the crimes of Theodore Nott?"
There were less hands in the air, but still enough to let the notion pass. Cassius was intrigued to notice that mostly the conservative wing voted for this sentence. But also convinced liberals like Arthur Weasley and William Abbot, fascinating.
"Good...Should we add anything else?" the Chief Sorceress asked.
At first nobody said a thing, but finally Mr Greengrass raised his hand.
"I think we should add another four year ban to apply for a dark magic license. I doubt the boy would want to be an Auror or curse-breaker anyway," he said.
"I second that notion," Fawley exclaimed.
"Everyone in favour?" McGonagall asked and this time even Madam Longbottom and Ollivander nodded. "Well then, perfectly punctual back to the chamber."
Draco hated waiting. Even more so when he wasn't able to move his arms or legs. He had tried to talk to Hermione but she seemed to be just as much on edge as he was. Finally he had resigned himself to counting things. It didn't work too well and his mind constantly wandered.
He was extremely relieved when the Wizengamot re-entered the courtroom. They settled down on their seats and Cassius winked at him. That meant he was probably safe from Azkaban, what a relief.
Leaning back in his chair he waited for McGonagall to speak his sentence. No Azkaban, maybe probation like Theo? Or, what did Hermione call it, social service?
"Mr Draco Malfoy will be sentenced to four years on probation and a trace on his wand to make sure he doesn't cast any dark magic. And another four years where he won't be allowed to apply for a dark magic license. Court dismissed."
With these words the Silencing Charm fell and the crowd of journalists started shouting questions. But Draco barely noticed them. He only felt the shackles slither away. He had never felt more free in his whole live.
He barely noticed the tears falling from his eyes. Only when Hermione touched his arm, he looked up. She had already vanished her chair and table and had put away her scrolls and books into her bag.
In the next moment Draco was on his feet, just barely refraining from hugging her he grabbed her hand and kissed it like he was taught to.
"Thank you Hermione, thank you so, so much," he whispered and smiled at her stunned face.
"You're welcome," she stammered.
They turned to leave the courtroom. At the door his parents waited, the faces alight with happiness and love. Draco knew that in the moment they stepped outside they wouldn't display any emotion until they arrived at Andromeda's.
His mother clasped his right hand tightly with both of hers and Father patted him on the back, eyes shining brightly.
"So, shall we get going?" Hermione asked with a smile and they nodded.
They had to fight their way through journalists and other people, but they finally reached the floo. But Andromeda was nowhere in sight.
"Where is Andy?" Narcissa asked looking around.
"Oh, she already went home," Hermione said matter-of-factly but Draco saw a small smile before she turned to the floo and called their destination.
His parents went next and he followed them. He dreaded the other end. There could be waiting felicitators or worse: a party!
When Draco stepped out of the floo he only caught a glimpse of red hair before he was showered in green and silver glitter.
"SURPRISE!"
a/n2: Oh, no! A surprise, what could it be? *irony off* I hoped you liked my trial. I worked nearly completely blind since I don't know much about senat courts, but I think this could be their way of handling things. I started writing the next chapter already and it should be up soon! ;)